Opinion

People v. Coddington

Court
California Court of Appeal
Filed
Nov 2, 2023
Status
Published
Cited by
0 cases
Authority
More cited than 14.1%

The opinion

Filed 11/2/23 (unmodified opn. attached)

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION ONE

THE PEOPLE,

Plaintiff and Respondent,

A166124

v.

JAMES MCKENZIE (Del Norte County

CODDINGTON, Super. Ct. No. CRF16-9495)

Defendant and Appellant.

BY THE COURT:

It is ordered that the opinion filed on October 17, 2023, be modified to

remove the two citations to People v. Kimble (2023) 93 Cal.App.5th 582,

which has since been ordered not to be published in the official reports, as

follows:

In the first full paragraph on page 4, “People v. Kimble (2023)

93 Cal.App.5th 582, 588, pet. rev. filed Aug. 23, 2023, S281526” shall be

removed, such that citation begins with “Burgess at p. 380.”

On the fourth line from the bottom of page 6, the following shall be

deleted: “; see also People v. Kimble, supra, 93 Cal.App.5th at p. 588 [“if the

statutory conditions are met, Senate Bill No. 483 entitles a defendant with a

qualifying enhancement to a full resentencing”],” such that “Monroe at

pp. 401–402” is the only remaining citation.

There is no change in judgment.

Date: _______________ ________________________

Humes, P.J.

1

Filed 10/17/23 (unmodified opinion)

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION ONE

THE PEOPLE,

Plaintiff and Respondent,

A166124

v.

JAMES MCKENZIE (Del Norte County

CODDINGTON, Super. Ct. No. CRF16-9495)

Defendant and Appellant.

The trial court granted appellant James McKenzie Coddington’s

request to have a sentencing enhancement for a prior prison term struck

under legislation passed following his conviction under a plea agreement.

Coddington argues for the first time in this appeal that he was entitled to

seek further reductions of his prison term under recent legislation affecting

other aspects of his conviction. We agree, and we therefore remand to the

trial court for a full resentencing.

We also agree with respondent, however, that if the court on remand

indicates it is inclined to further reduce Coddington’s sentence, the

prosecution may withdraw its assent to the plea agreement. (People v.

Stamps (2020) 9 Cal.5th 685, 704 (Stamps).) Although the Legislature

clearly intended that the striking of a sentencing enhancement for a prior

prison term would not provide a basis for rescinding a plea agreement, this

intent cannot be understood to govern other possible sentence reductions

merely because they happen to occur during the same resentencing. Thus, if

1

Coddington successfully seeks additional reductions on remand, he will be

subject to the resulting consequences to the plea agreement under Stamps.

I.

FACTUAL AND PROCEDURAL

BACKGROUND

Coddington has an extensive criminal history. The case establishing

the basis of this appeal arose in connection with an incident in October 2016

in which he attacked a fellow inmate at the Del Norte County Jail. As a

result of the incident, Coddington was charged by felony information with one

count of assault by force likely to cause great bodily injury (Pen. Code, § 245,

subd. (a)(4))1 and one count of making a criminal threat (§ 422), both with a

special allegation of great bodily injury (§ 12022.7). The information

contained three additional allegations: that Coddington previously had been

convicted of a serious felony (§ 667, subd. (a), “serious felony allegation”), that

he had a prior strike conviction (§ 1170.12, “prior strike allegation”), and that

he had served three prior prison terms (former § 667.5, subd. (b), “prison

priors”).

In May 2017, Coddington pleaded guilty to the count of assault with

force likely to cause great bodily injury, and admitted the special allegation of

1 All statutory references are to the Penal Code unless otherwise

specified.

2

great bodily injury.2 He also admitted two enhancements as alleged in the

information—the serious felony allegation (§ 667, subd. (a)), and the prior

strike allegation (§ 1170.12)—and one of the three prison priors (former

§ 667.5, subd. (b)). The indicated sentence was 13 years. Had Coddington

been convicted on all charges in the original complaint, he faced up to

17 years, four months, calculated as follows: four years on the assault charge

(the upper term of four years, § 245, subd. (a)(4)), plus eight months for

criminal threats (one-third the midterm of two years, §§ 422, subd. (a), 1170,

subd. (h), 1170.1, subd. (a)), doubled because of the strike (§ 1170.12,

subd. (c)(1)), plus five years for the prior serious felony (§ 667, subd. (a)), plus

three years for the great bodily injury enhancement (§ 12022.7, subd. (a)).

Based on the plea, the trial court sentenced Coddington to 13 years in

prison, calculated as follows: the lower term of two years for the assault

conviction (§ 245, subd. (a)(4)), doubled because of the prior strike allegation

(§ 1170.12, subd. (c)(1)), plus three years for the great bodily injury allegation

2 As part of the plea, three other cases were also resolved. In one,

Coddington had faced the possibility of about six years in prison for charges

relating to evading a peace officer, unlawfully taking a vehicle, possessing a

firearm as a felon, and possessing drugs in jail, assuming he received

consecutive sentences of one third the midterm, doubled based on his prior

serious felony conviction. (Veh. Code, §§ 2800.2, subd. (a), 10851; §§ 18,

subd. (a), 1170, subd. (h), 1170.12, subd. (c)(1), 4573.6, 29800, subd. (a)(1).)

Because Coddington entered a plea in the instant case, this separate case

was instead dismissed with a “Harvey waiver,” meaning the trial court could

consider the dismissed charges in sentencing. (People v. Harvey (1979)

25 Cal.3d 754, 758–759.) In the two other cases, Coddington was accused of

felony violation of post-release community supervision (PRCS, § 3455). When

the trial court sentenced Coddington in this case, the court found him in

violation of PRCS, ordered him to time served, and terminated him from

PRCS in those cases.

3

(§ 12022.7, subd. (a)), plus five years for the serious felony allegation (§ 667,

subd. (a)(1)), plus one year for the prison prior.

By motion filed in the trial court in August 2022, Coddington moved to

be resentenced to remove his one-year prison-prior enhancement. His motion

was based on two laws relating to prison priors that were enacted after his

conviction. The first, Senate Bill No. 136 (2019–2020 Reg. Sess.) (Senate Bill

No. 136), amended section 667.5, subdivision (b), effective January 1, 2020, to

eliminate sentence enhancements for prison priors unless the prior term was

for a sexually violent offense. (People v. Burgess (2022) 86 Cal.App.5th 375,

380 (Burgess); see Stats. 2019, ch. 590, § 1.) The second, Senate Bill No. 483

(2021–2022 Reg. Sess.) (Senate Bill No. 483), was enacted in 2021, and it

extended Senate Bill No. 136 to all persons, such as Coddington, currently

incarcerated in jail or prison. (People v. Kimble (2023) 93 Cal.App.5th 582,

588, pet. rev. filed Aug. 23, 2023, S281526; Burgess at p. 380; see Stats. 2021,

ch. 728, § 3.) As a result of these enactments, section 1172.75,

subdivision (a),3 renders legally invalid any prison prior imposed before 2020

except where the prison prior was for a sexually violent offense. Other than

seeking to remove his one-year prison-prior enhancement, Coddington did not

seek any further sentencing relief.

At a brief hearing on the motion, the trial court vacated Coddington’s

one-year prison-prior sentencing enhancement. This reduced Coddington’s

sentence from 13 years to 12 years, which was the entire relief Coddington

had requested. Proceeding without an attorney, Coddington filed a notice of

appeal.

3 The statute was previously numbered section 1171.1. (Stats. 2021,

ch. 728, § 3; Stats. 2022, ch. 58, § 12; Burgess, supra, 86 Cal.App.5th at

p. 380.)

4

II.

DISCUSSION

Coddington argues that the trial court failed to provide him with a full

resentencing hearing, meaning a hearing in which he could have sought

further sentencing relief under at least two other statutes that were enacted

after his conviction. We agree he may seek further sentencing relief on

remand.

Coddington acknowledges that his trial counsel sought to remove only

his one-year prison-prior enhancement.4 He nevertheless contends that he

did not forfeit the ability to seek further sentencing relief and, alternatively,

that he received ineffective assistance of counsel if we conclude otherwise.

We do not reach the ineffective-assistance claim, because we decline to find

forfeiture under the circumstances. (See People v. Monroe (2022)

4 The Attorney General initially questioned whether the trial court had

the authority to provide this relief, since section 1172.75 describes a process

where the Secretary of the Department of Corrections and Rehabilitation

(CDCR) identifies eligible defendants, as opposed to defendants initiating the

resentencing process. (See Burgess, supra, 86 Cal.App.5th at p. 384

[§ 1172.75 does not contemplate individual defendants seeking relief by

motion and instead provides specific procedure whereby trial court’s review is

triggered by receipt of information from the CDCR or county correctional

administrator].) The Attorney General later wrote to the court withdrawing

this argument. The letter stated that respondent learned that the CDCR has

identified some eligible defendants in “at least one lengthy list of names,

rather than in individual letters to the superior court,” and that resentencing

in some cases was initiated based on that list. The Attorney General does not

specifically state that is what happened here. But we note that at the

hearing on Coddington’s motion, in response to the trial court’s question

about why Coddington was not personally appearing, his trial attorney stated

that “a lot of these things are being handled just by the prison notifying the

inmates that they are available, and they normally send these things in in

pro per. He’s asked me to appear for him.” This suggests at least some

CDCR involvement in the process.

5

85 Cal.App.5th 393, 400 (Monroe) [appellate court has authority to consider

issue not preserved for review].)

Turning to the merits, when a sentence is subject to recall, “the

resentencing court has jurisdiction to modify every aspect of the sentence, and

not just the portion subjected to the recall.” (People v. Buycks (2018)

5 Cal.5th 857, 893.) Coddington relies on this general “full sentencing rule,”

along with the language of the statute making retroactive the elimination of

prison priors. The statute provides that when resentencing occurs, the trial

court shall apply “any other changes in law that reduce sentences” when

striking a prison prior (§ 1172.75, subd. (d)(2)). Thus in Monroe, supra,

85 Cal.App.5th 393, as here, the trial court struck a one-year prison prior

under Senate Bill No. 483. (Monroe at p. 398.) On appeal, the defendant

argued that the trial court also should have exercised its discretion to strike a

firearm enhancement that is not at issue here. (Id. at pp. 398–399.) And he

argued, as Coddington argues here, that on remand he was entitled to have

the trial court consider striking his five-year serious felony conviction under

Senate Bill No. 1393. (Monroe at pp. 398–399.) Division Two of this court

agreed that the defendant was entitled to have the trial court exercise its

discretion to dismiss both the firearm enhancement and the five-year

enhancement under Senate Bill No. 1393. (Monroe at p. 399.) Monroe held

that the legislation, while not independently available to final judgments,

was available during a resentencing under section 1172.75 since the statute

requires (subd. (d)(2)) the trial court to apply “ ‘any other changes in law that

reduce sentences.’ ” (Monroe at pp. 401–402; see also People v. Kimble, supra,

93 Cal.App.5th at p. 588 [“if the statutory conditions are met, Senate Bill

No. 483 entitles a defendant with a qualifying enhancement to a full

resentencing”].)

6

Coddington points to two other legislative amendments that could

potentially reduce his sentence. The first one, Senate Bill No. 1393 (2017–

2018 Reg. Sess.) (Senate Bill 1393), amended sections 667, subdivision (a)

and 1385, subdivision (b), effective January 1, 2019, to give courts discretion

to dismiss or strike a prior serious felony allegation. (Stamps, supra,

9 Cal.5th at p. 699; People v. Garcia (2018) 28 Cal.App.5th 961, 965; see

Stats. 2018, ch. 1013, §§ 1, 2.) Under this amendment, the trial court has the

discretion to strike Coddington’s serious felony allegation, reducing his

sentence by five years. The second one, Senate Bill No. 81 (2021–2022 Reg.

Sess.) (Senate Bill No. 81), effective January 1, 2022, amended section 1385

“to specify factors that the trial court must consider when deciding whether

to strike enhancements from a defendant’s sentence in the interest of justice.”

(People v. Sek (2022) 74 Cal.App.5th 657, 674; see Stats. 2021, ch. 721, § 1.)

Under this amendment, the trial court has new guidance in deciding whether

to strike his enhancements.

Although Coddington may seek further sentencing relief on remand, he

will not necessarily be entitled to retain the other benefits of his plea

agreement if he is successful. As respondent notes, the defendant in Monroe

was sentenced after a jury trial and thus not under a plea agreement as was

Coddington. (Monroe, supra, 85 Cal.App.5th at p. 396.) “[L]ong-standing law

limits the court’s unilateral authority to strike an enhancement yet maintain

other provisions of the plea bargain.” (Stamps, supra, 9 Cal.5th at p. 701.) In

Stamps, the defendant was sentenced under a plea agreement to nine years

in prison after facing charges that would have made him subject to the 25-

year-to-life provisions of the Three Strikes Law (§ 1170.12, subd. (c)(2)).

(Stamps at p. 693.) The Supreme Court agreed that Senate Bill No. 1393

granting trial courts discretion to strike a serious-felony enhancement

7

applied to the defendant. (Stamps at p. 699.) But the court explained that

the defendant was not entitled to have the trial court on remand consider

striking the enhancement “while otherwise maintaining the plea agreement

intact.” (Id. at p. 700.)

Stamps was persuaded by the approach announced in People v. Ellis

(2019) 43 Cal.App.5th 925: “ ‘Senate Bill No. 1393 does not entitle

defendants who negotiated stipulated sentences “to whittle down the

sentence ‘but otherwise leave the plea bargain intact[.]’ ” ’ . . . . ‘Senate Bill

No. 1393 compels the conclusion that defendant is entitled to seek the benefit

of change in the law.’ (Ellis, at pp. 943–944.) . . . . [O]n remand, ‘the trial

court may simply decline to exercise its discretion to strike the enhancement

and that will end the matter.’ (Id. at p. 944.) ‘In other cases, the trial court

might conclude, upon the defendant’s request, that it is in the interest of

justice to strike the enhancement. In such cases, it bears repeating that “in

the context of a negotiated plea the trial court may approve or reject the

parties’ agreement, but the court may not attempt to secure such a plea by

stepping into the role of the prosecutor, nor may the court effectively

withdraw its approval by later modifying the terms of the agreement it had

approved.” . . . “ ‘ “Such withdrawal is permitted, for example, in those

instances where the court becomes more fully informed about the case

[citation], or where, after further consideration, the court concludes that the

bargain is not in the best interests of society.” ’ [Citation.] However, once a

court withdraws its approval of a plea bargain, the court cannot ‘proceed to

apply and enforce certain parts of the plea bargain, while ignoring’ others.

[Citation.] Instead, the court must retore the parties to the status quo ante.”

[Citations.] Thus, while there may be cases in which the trial court will elect

to strike the serious felony conviction enhancement, it is not without

8

consequence to the plea bargain.’ ” (Stamps, supra, 9 Cal.5th at pp. 706–

707.)

Simply stated, Stamps held that the defendant should be given the

opportunity if he desired to seek the court’s exercise of discretion on remand.

(Stamps, supra, 9 Cal.5th at p. 707.) But if the court indicated it was inclined

to exercise its discretion to reduce the defendant’s sentence, the prosecutor

could either agree to modify the bargain or withdraw its assent to the plea

agreement and restore the case to the status quo ante. (Ibid.) The trial

court, too, was entitled to withdraw its previous approval of the plea

agreement. (Ibid.)

Coddington did not risk losing the benefits of his plea agreement by

seeking the elimination of his prison prior. (Stamps, supra, 9 Cal.5th at

p. 707.) This is because when the Legislature made Senate Bill No. 483

retroactive, it specifically declared in an uncodified section that it was “the

intent of the Legislature that any changes to a sentence as a result of the act

that added this section shall not be a basis for a prosecutor or court to rescind

a plea agreement.” (Stats. 2021, ch. 728, § 1; see also Stamps, supra,

9 Cal.5th at pp. 702–704 [entering a plea agreement does not insulate the

parties from a law the legislature expressly intends to apply to them].)

The trial court here followed Senate Bill No. 483’s clear directive in striking

the prison prior but otherwise leaving intact the plea agreement.

This same principle will not apply if Coddington seeks further

sentencing relief on remand. In arguing to the contrary, Coddington points to

Senate Bill No. 483’s statement of legislative intent and says that it applies

not just to the elimination of prison priors, but also to the portion of the

statute that directs the trial court to apply any changes in law that reduce

sentences or provides judicial discretion to do so. (§ 1172.75, subd. (d)(2).)

9

Resentencing pursuant to the section “shall not result in a longer sentence

than the one originally imposed.” (Id., subd. (d)(1); see Monroe, supra,

85 Cal.App.5th at p. 399.) Coddington essentially argues that these

provisions overrule Stamps for all other sentence reductions that are granted

in connection with a request to eliminate prison priors. We are not

persuaded.

To begin with, the uncodified statement in Senate Bill No. 483 that the

law shall apply to “any changes to a sentence as a result of the act” cannot be

read to expand the scope of the legislation beyond which it was intended.

Statements of intent, contained in the uncodified section of statutes, “ ‘do not

confer power, determine rights, or enlarge the scope of a measure.’ ”

(Carter v. California Dept. of Veterans Affairs (2006) 38 Cal.4th 914, 925.)

The legislative history and purpose of Senate Bill No. 483 was to eliminate

prison priors. Nothing in that history suggests that the Legislature—in

eliminating prison priors, including those that were entered under a plea

deal—wanted to overrule Stamps as to the resentencing of all enhancements

of all defendants who accepted a prison prior under a plea deal.

As respondent points out, the codified statement of legislative purpose

provides that Senate Bill No. 483 was enacted “so as to eliminate disparity of

sentences and to promote uniformity of sentencing.” (§ 1172.75, subd. (d)(2).)

The statute advances this intent by nullifying prison priors, regardless of

whether they were imposed following a plea or a jury trial. We agree with

respondent, though, that this intent would be thwarted with an

interpretation categorically preventing prosecutors from withdrawing assent

to a plea bargain for other changes reducing sentences that were part of a

plea bargain. Under such an interpretation, prosecutors would have no

Stamps remedy when a defendant is being resentenced, even though they

10

would retain such a remedy for defendants being sentenced prospectively.

The two enactments Coddington now says apply to him—Senate Bills

Nos. 1393 and 81—involve trial court discretion, as opposed to a categorical

elimination of sentencing enhancement. Coddington does not argue that

these separate bills included a legislative intent to allow unilateral

modification of an agreed-upon term. Taken together, Coddington’s

interpretation would produce, not eliminate, sentencing disparities.

We also agree with respondent that the legislative history does not

support Coddington’s view that Senate Bill No. 483 was meant to overrule

Stamps for all sentence reductions that are granted in connection with a

request to eliminate prison priors. As we have said, the Legislature first

eliminated most prison priors (Senate Bill No. 136), and later enacted Senate

Bill No. 483 to make the change retroactive. The full uncodified section thus

states: “The Legislature finds and declares that in order to ensure equal

justice and address systemic racial bias in sentencing, it is the intent of the

Legislature to retroactively apply [an unrelated sentencing change] and

Senate Bill No. 136 of the 2019–20 Regular Session to all persons currently

serving a term of incarceration in jail or prison for these repealed sentence

enhancements. It is the intent of the Legislature that any changes to a

sentence as a result of the act that added this section shall not be a basis for

a prosecutor or court to rescind a plea agreement.” (Stats. 2021, ch. 728, § 1.)

This focus on the retroactivity of Senate Bill No. 136 indicates the

Legislature was clearly concerned with eliminating prison priors, the sole

subject of Senate Bill No. 136. The Legislative Counsel’s Digest for Senate

Bill No. 483 states that the legislation would declare prison priors “to be

legally invalid” and would state the intent of the Legislature to prohibit the

11

rescission of a plea agreement based on eliminating them.5 While these

statements indicate a clear intent to “overturn long-standing law that a court

cannot unilaterally modify an agreed-upon term” (Stamps, supra, 9 Cal.5th at

p. 701), they were limited to the context of prison priors.

Coddington should be provided an opportunity to argue for a further

sentence reduction with the understanding that if the trial court is inclined to

exercise its discretion, such a determination may affect the prosecution’s

ability to withdraw from the plea agreement. (Stamps, supra, 9 Cal.5th at

pp. 707, 709.)

III.

DISPOSITION

The matter is remanded to the superior court to allow Coddington an

opportunity to seek relief under Senate Bills Nos. 81 and 1393, as well as any

other legislation that may reduce his sentence.

5 See Stats. 2021, ch. 728 Summary Digest. On the court’s own motion,

it takes judicial notice of the Legislative Counsel’s Digest. (Evid. Code,

§§ 455, subd. (a), 459, subd. (c); Kaufman & Broad Communities, Inc. v.

Performance Plastering, Inc. (2005) 133 Cal.App.4th 26, 35.)

12

_________________________

Humes, P.J.

WE CONCUR:

_________________________

Banke, J.

_________________________

Bowen, J.*

*Judge of the Superior Court of the County of Contra Costa, assigned

by the Chief Justice pursuant to article VI, section 6 of the California

Constitution.

People v. Coddington A166124

13

Trial Court: Superior Court of Del Norte

Trial Judge: Hon. Darren McElfresh

Counsel:

Justin Behravesh, under appointment by the Court of Appeal, for Defendant

and Appellant.

Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney

General, Jeffrey M. Laurence, Senior Assistant Attorney General, Eric D.

Share, Supervising Deputy Attorney General, Katie L. Stowe, Deputy

Attorneys General for Plaintiff and Respondent.

People v. Coddington A166124

14

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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